Rose v. Hulick

April 29, 2008

KEON ROSE, PETITIONER,v.DONALD HULICK, RESPONDENT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

Now before the Court is Petitioner's Notice of Appeal and Request to Obtain a Certificate of Appealability. (Doc. 24.) Petitioner's notice in its entirety states: "Notice is hereby given that Keon Rose, Petitioner above named, hereby appeals to the United States Court of Appeals for the Seventh Circuit from the Final Judgment from the Order describing it entered in this action on the 16th day of April 2008." (Doc. 24.) The Court did not enter any orders on April 16, 2008. However, on March 17, 2008 the Court entered an order granting Respondent's motion to dismiss (Doc. 20) and dismissing with prejudice Petitioner's writ of habeas corpus filed pursuant to 28 U.S.C. § 2254 as time-barred (Doc. 1). On that same day the Court entered judgment in favor of Respondent and against Petitioner. (Doc. 21.) Subsequently, Petitioner filed a motion for reconsideration of the order dismissing the case. (Doc. 22.) On April 14, 2008 the Court denied this motion for lack of jurisdiction. (Doc. 23.) For purposes of this motion, the Court will assume that Petitioner wishes to appeal each of these orders.

Pursuant to 28 U.S.C. § 2253 the Petitioner may not proceed on appeal without a certificate of appealability. Section 2253(c)(2) provides that a certificate of appealability may issue "only if the applicant has made a substantial showing of the denial of a constitutional right." Further, § 2253(c)(3) provides that the "certificate of appealability under paragraph (1) shall indicate which specific issue or issues satisfy the showing required by paragraph (2)." The Petitioner has neither specified the issues which he seeks to appeal nor has he even asserted in his motion for a certificate of appealability that he has been denied a constitutional right. Therefore, Petitioner has failed to satisfy the requirements of 28 U.S.C. § 2253. Accordingly, the Court DENIES Petitioner's motion for a certificate of appealability. (Doc. 25.)

Our website includes the first part of the main text of the court's opinion.
To read the entire case, you must purchase the decision for download. With purchase,
you also receive any available docket numbers, case citations or footnotes, dissents
and concurrences that accompany the decision.
Docket numbers and/or citations allow you to research a case further or to use a case in a
legal proceeding. Footnotes (if any) include details of the court's decision. If the document contains a simple affirmation or denial without discussion,
there may not be additional text.

Buy This Entire Record For
$7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.